Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 | |
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Parliament of India | |
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Citation | Act No. 21 of 1954 |
Territorial extent | India (along with Jammu and Kashmir)(After removal of Article 370 in 2019) |
Commenced | 1 April 1955 |
Legislative history | |
Bill published on | 30 April 1954 |
Status: In force |
The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 is an Act of the Parliament of India which controls advertising of drugs in India. It prohibits advertisements of drugs and remedies that claim to have magical properties, and makes doing so a cognizable offence. [1] [2]
The act defines "magic remedy" as any talisman, mantra, amulet or any other object which is claimed to have miraculous powers to cure, diagnose, prevent or mitigate a disease in humans or animal. It also includes such devices that are claimed to have power to influence structure or function of an organ in humans or animals. [1]
The law prohibits advertising of drugs and remedies for
The original included schedule contained a list of 54 diseases and conditions:
The act stated that the schedule may be changed later to include more diseases for which there are no accepted remedies or for which timely consultation with a registered medical practitioner (as defined under Indian Medical Degrees Act, 1916 or Indian Medical Councils Act, 1956; includes other state laws too) is required. The act stated that these changes must made it consultation with the Drugs Technical Advisory Board, and Ayurveda and Unani practitioners, if deemed as necessary by the Central government. [1]
The penalty carries a maximum sentence of 6 months imprisonment with or without fine on first conviction. In case of any subsequent conviction, the term may be up to a year. If the convicted party is a company, all members of the company will be deemed guilty. [1]
The law is rarely enforced and several such products are freely available to the public. [3] The law is considered severely outdated as 14 of the diseases in the list are now curable, and newer diseases like AIDS are not on the list. [4] Some advertisements of these categories are also known to appear on cable television channels without much repercussions. [5] Proposed amendments to this law has also raised questions regarding the status of traditional medicine systems like Yoga and Ayurveda with respect to modern medicine. [6]
A medication is a drug used to diagnose, cure, treat, or prevent disease. Drug therapy (pharmacotherapy) is an important part of the medical field and relies on the science of pharmacology for continual advancement and on pharmacy for appropriate management.
Quackery, often synonymous with health fraud, is the promotion of fraudulent or ignorant medical practices. A quack is a "fraudulent or ignorant pretender to medical skill" or "a person who pretends, professionally or publicly, to have skill, knowledge, qualification or credentials they do not possess; a charlatan or snake oil salesman". The term quack is a clipped form of the archaic term quacksalver, from Dutch: kwakzalver a "hawker of salve". In the Middle Ages the term quack meant "shouting". The quacksalvers sold their wares on the market shouting in a loud voice.
Ayurveda is an alternative medicine system with historical roots in the Indian subcontinent. The theory and practice of Ayurveda is pseudoscientific. Ayurveda is heavily practiced in India and Nepal, where around 80% of the population report using it.
A patent medicine, sometimes called a proprietary medicine, is an over-the-counter (nonprescription) medicine or medicinal preparation that is typically protected and advertised by a trademark and trade name and claimed to be effective against minor disorders and symptoms. Its contents are typically incompletely disclosed. Antiseptics, analgesics, some sedatives, laxatives, and antacids, cold and cough medicines, and various skin preparations are included in the group. The safety and effectiveness of patent medicines and their sale is controlled and regulated by the Food and Drug Administration in the United States and corresponding authorities in other countries.
Allopathic medicine, or allopathy, is an archaic term used to define science-based modern medicine. There are regional variations in usage of the term. In the United States, the term is used to contrast with osteopathic medicine, especially in the field of medical education. In India, the term is used to distinguish modern medicine from Ayurveda, homeopathy, and other similar alternative/traditional medicine, especially when comparing treatments and drugs.
Traditional medicine comprises medical aspects of traditional knowledge that developed over generations within the folk beliefs of various societies, including indigenous peoples, before the era of modern medicine. The World Health Organization (WHO) defines traditional medicine as "the sum total of the knowledge, skills, and practices based on the theories, beliefs, and experiences indigenous to different cultures, whether explicable or not, used in the maintenance of health as well as in the prevention, diagnosis, improvement or treatment of physical and mental illness". Traditional medicine is often contrasted with scientific medicine.
Urine therapy or urotherapy, in alternative medicine is the application of human urine for medicinal or cosmetic purposes, including drinking of one's own urine and massaging one's skin, or gums, with one's own urine. Drinking or local application of human or animal urine for medicinal purposes has been practiced all over the world for millennia. It is well known as a pseudoscience.
The history of alternative medicine refers to the history of a group of diverse medical practices that were collectively promoted as "alternative medicine" beginning in the 1970s, to the collection of individual histories of members of that group, or to the history of western medical practices that were labeled "irregular practices" by the western medical establishment. It includes the histories of complementary medicine and of integrative medicine. "Alternative medicine" is a loosely defined and very diverse set of products, practices, and theories that are perceived by its users to have the healing effects of medicine, but do not originate from evidence gathered using the scientific method, are not part of biomedicine, or are contradicted by scientific evidence or established science. "Biomedicine" is that part of medical science that applies principles of anatomy, physics, chemistry, biology, physiology, and other natural sciences to clinical practice, using scientific methods to establish the effectiveness of that practice.
Unani or Yunani medicine is Perso-Arabic traditional medicine as practiced in Muslim culture in South Asia and modern day Central Asia. Unani medicine is pseudoscientific. The Indian Medical Association describes Unani practitioners who claim to practice medicine as quacks.
Dosha is a central term in Ayurveda originating from Sanskrit, which can be translated as "that which can cause problems", and which refers to three categories or types of substances that are believed to be present in a person's body and mind. Beginning with twentieth-century Ayurvedic literature, the "three-dosha theory" has described how the quantities and qualities of three fundamental types of substances called wind, bile, and phlegm fluctuate in the body according to the seasons, time of day, process of digestion, and several other factors and thereby determine changing conditions of growth, aging, health, and disease.
Siddha medicine is a traditional medicine originating in Southern India. It is one of the oldest systems of medicine in India.
The Ministry of Health and Family Welfare is an Indian government ministry charged with health policy in India. It is also responsible for all government programs relating to family planning in India.
The following outline is provided as an overview of and topical guide to medicine:
Homeopathy is fairly common in some countries while being uncommon in others. In some countries, there are no specific legal regulations concerning the use of homeopathy, while in others, licenses or degrees in conventional medicine from accredited universities are required.
The Ministry of Ayush, a ministry of the Government of India, is responsible for developing education, research and propagation of traditional medicine systems in India. Ayush is a name devised from the names of the alternative healthcare systems covered by the ministry: Ayurveda, Yoga & Naturopathy, Unani, Siddha, and Homeopathy.
The Drugs and Cosmetics Act, 1940 is an act of the Parliament of India which regulates the import, manufacture and distribution of drugs in India. The primary objective of the act is to ensure that the drugs and cosmetics sold in India are safe, effective and conform to state quality standards. The related Drugs and Cosmetics Rules, 1945 contains provisions for classification of drugs under given schedules and there are guidelines for the storage, sale, display and prescription of each schedule.
Online pharmacy laws in India are still in nascent stage and there are no dedicated online pharmacy laws in India. The Information Technology Act 2000 governs some of the legal issues pertaining to online dealings but it is silent on the aspect of online pharmacy. As a result, illegal online pharmacies have been increasing in India. It has been said that, if properly regulated, online pharmacies in India could prove beneficial to various stakeholders.
The Schedule J of the Drugs and Cosmetics Rules, 1945 of India contains a list of diseases and ailments which a drug may not claim to prevent or cure. Under Rule 106 of the Drugs and Cosmetics Act, 1940, a drug cannot make claims to treat or prevent any of the diseases or reform the conditions listed.
The Drugs and Cosmetics Rules, 1940 are the rules which the government of India established through the Drugs and Cosmetics Act, 1940. These rules classify drugs under given schedules and present guidelines for the storage, sale, display and prescription of each schedule.
Cannabis in Sri Lanka is legally sold through Ayurveda herbal shops, and can be used for medical and scientific purposes if given a license by the Ministry of Health.